Notre Dame Law School | December 2, 2020
John P. Murphy Foundation Professor of Law Nicole Stelle Garnett has joined the Manhattan Institute as an adjunct fellow.
Garnett's research focuses on property, land use, urban development, local government law, and education policy.
In her inaugural research contribution for the Manhattan Institute, Garnett explores the legality of religious charter schools in light of Espinoza v. Montana Department of Revenue, in which the U.S. Supreme Court held that states cannot exclude religious schools from private school choice programs. Her report — "Religious Charter Schools: Legally Permissible? Constitutionally Required?" — explains why current laws prohibiting religious charter schools likely violate the First Amendment's Free Exercise Clause. Garnett goes further by outlining potential legislative, executive, and litigative paths to permit religious charter schools.
Garnett also contributed an essay, "Why We Still Need Catholic Schools," to the summer 2020 issue of City Journal, the quarterly magazine published by the institute.
Read more here.